Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29021 of 2025 Tulsidas Gaur State Of U.P. And 3 Others Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Vinay Kumar Mishra : G.A., Ram Mohan Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri Ashutosh Kumar Shukla, Advocate, holding brief of Sri Vinay Kumar Mishra, learned counsel for the applicant, Sri Ram Mohan, learned counsel for the first informant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Tulsidas Gaur, seeking enlargement on bail during trial in connection with Case Crime No. 166 of 2025, under Section(s) 115(2), 137(2), 64, 351(3) B.N.S. and 3/4 POCSO Act, registered at P.S. Barhalganj, District- Gorakhpur. 4. The F.I.R. of the matter was lodged on 19.3.2025 by the victim against the applicant alleging therein that the applicant is cousin brother of her father. He on 20.5.2023 made a false promise to marry her and enticed her away to Lucknow. After living for some days in Lucknow they went to Indore and were living there. He established physical relationship with her without her consent. Her father gave an application at the police station after which the applicant accepted his involvement and stated of marrying her within six months, but he is avoiding marriage. She stayed with him for the last two years. He is threatening her and blackmailing her. 5. Learned counsel for the applicant argued that the applicant has been 2 BAIL No. 29021 of 2025 falsely implicated in the present case. It is submitted that the applicant and the victim have solemnized marriage on 05.2.2024 in a temple in Deoria. It is submitted that the present case is a case of matrimonial dispute. It is submitted that the victim left the applicant and is residing at her maternal house and thus the applicant filed a case under Section 9 of the Hindu Marriage Act, before the Principal Judge, Family Court, Gorakhpur being Case No. 793 of 2025, which is still pending, para-17 and annexure no. 7 to the affidavit have been placed before the Court for the same. It is submitted that the allegations in the F.I.R. are concocted and false just on the pressure of the family members of the victim to falsely implicate and harass the applicant. It is submitted that investigation in the matter has concluded and a charge sheet dated 26.7.2025 has been submitted against the applicant, para-2 and annexure no. S.A.-1 to the supplementary affidavit dated 3.9.2025 have been placed for the same, and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-21 of the affidavit and is in jail since 17.7.2025. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail vehemently. Learned counsel for the first informant although did not dispute the fact that a case under Section 9 of the Hindu Marriage Act has been filed by the applicant which is still pending but submitted that the same has been filed just to give the case a different colour. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant has filed a case under Section 9 of the Hindu Marriage Act in the Family Court, Gorakhpur which is still pending. Investigation in the matter has concluded and a charge sheet has been submitted against the applicant. Present dispute appears to be matrimonial in nature. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 3 BAIL No. 29021 of 2025 9. Let the applicant-Tulsidas Gaur, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 4 BAIL No. 29021 of 2025 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed.
Decision
12. Pending application(s), if any, shall stand disposed of. September 11, 2025 Naresh (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad